THE CITY OF WINNIPEG BID OPPORTUNITY BID OPPORTUNITY NO

Transcription

1 THE CITY OF WINNIPEG BID OPPORTUNITY BID OPPORTUNITY NO ACTIVE TRANSPORATION INFRASTRUCTURE PROGRAM DAKOTA/DUNKIRK PATHWAY PHASE I WARDE AVENUE TO BISHOP GRANDIN BOULEVARD

2 Bid Opportunity No Table of Contents TABLE OF CONTENTS PART A - BID SUBMISSION Form A: Bid 1 Form B: Prices 4 Form G1: Bid Bond and Agreement to Bond 7 Form G2: Irrevocable Standby Letter of Credit and Undertaking 9 PART B - BIDDING PROCEDURES B1. Contract Title 1 B2. Submission Deadline 1 B3. Enquiries 1 B4. Addenda 1 B5. Substitutes 2 B6. Bid Components 3 B7. Bid 3 B8. Prices 4 B9. Qualification 4 B10. Bid Security 5 B11. Opening of Bids and Release of Information 6 B12. Irrevocable Bid 6 B13. Withdrawal of Bids 6 B14. Evaluation of Bids 7 B15. Award of Contract 8 PART C - GENERAL CONDITIONS C0. General Conditions 1 PART D - SUPPLEMENTAL CONDITIONS General D1. General Conditions 1 D2. Scope of Work 1 D3. Contract Administrator 1 D4. Contractor's Supervisor 1 D5. Notices 2 D6. Furnishing of Documents 2 Submissions D7. Authority to Carry on Business 2 D8. Safe Work Plan 2 D9. Insurance 3 D10. Performance Security 3 D11. Subcontractor List 4 D12. Detailed Work Schedule 4 Schedule of Work D13. Commencement 4 D14. Working Days 5 D15. Restricted Work Hours 5 D16. Substantial Performance 5 D17. Total Performance 5 D18. Liquidated Damages 5 D19. Scheduled Maintenance 6 Control of Work D20. Job Meetings 6 D21. Prime Contractor The Workplace Safety and Health Act (Manitoba) 6 Warranty

3 Bid Opportunity No Table of Contents D22. Warranty 6 Form H1: Performance Bond 7 Form H2: Irrevocable Standby Letter of Credit 9 Form J: Subcontractor List 11 Form L: Detailed Work Schedule 12 PART E - SPECIFICATIONS General E1. Applicable Specifications and Drawings 1 E2. Protection Of Existing Trees 1 E3. Traffic Control 2 E4. Traffic Management 2 E5. Pedestrian and Cyclist Safety 3 E6. Water Obtained From the City 3 E7. Tree Removal 3 E8. Recycled Concrete Base Course Material 3 E mm Concrete Sidewalk With Paving Stone, And Brick Inset 4 E10. Boulevard Restoration 5 E11. Sign Support Clamps 5 E12. Interlocking Paving Stones 5 E13. Widening of Existing Concrete Sidewalk 7 E14. Salt Tolerant Grass Seeding 8 E15. Supply and Install Detectable Warning Surface Tiles 9

4 Bidding Procedures Bid Opportunity No Page 1 of 8 PART B - BIDDING PROCEDURES B1. CONTRACT TITLE B ACTIVE TRANSPORATION INFRASTRUCTURE PROGRAM DAKOTA/DUNKIRK PATHWAY PHASE I WARDE AVENUE TO BISHOP GRANDIN BOULEVARD B2. SUBMISSION DEADLINE B2.1 The Submission Deadline is 12:00 noon Winnipeg time, June 17, B2.2 Bids determined by the Manager of Materials to have been received later than the Submission Deadline will not be accepted and will be returned upon request. B2.3 The Contract Administrator or the Manager of Materials may extend the Submission Deadline by issuing an addendum at any time prior to the time and date specified in B2.1. B3. ENQUIRIES B3.1 All enquiries shall be directed to the Contract Administrator identified in D3.1. B3.2 If the Bidder finds errors, discrepancies or omissions in the Bid Opportunity, or is unsure of the meaning or intent of any provision therein, the Bidder shall notify the Contract Administrator of the error, discrepancy or omission, or request a clarification as to the meaning or intent of the provision at least five (5) Business Days prior to the Submission Deadline. B3.3 Responses to enquiries which, in the sole judgment of the Contract Administrator, require a correction to or a clarification of the Bid Opportunity will be provided by the Contract Administrator to all Bidders by issuing an addendum. B3.4 Responses to enquiries which, in the sole judgment of the Contract Administrator, do not require a correction to or a clarification of the Bid Opportunity will be provided by the Contract Administrator only to the Bidder who made the enquiry. B3.5 The Bidder shall not be entitled to rely on any response or interpretation received pursuant to B3 unless that response or interpretation is provided by the Contract Administrator in writing. B4. ADDENDA B4.1 The Contract Administrator may, at any time prior to the Submission deadline, issue addenda correcting errors, discrepancies or omissions in the Bid Opportunity, or clarifying the meaning or intent of any provision therein. B4.2 The Contract Administrator will issue each addendum at least two (2) Business Days prior to the Submission Deadline, or provide at least two (2) Business Days by extending the Submission Deadline. B4.2.1 B4.2.2 Addenda will be available on the Bid Opportunities page at The City of Winnipeg, Corporate Finance, Materials Management Division website at The Bidder is responsible for ensuring that he has received all addenda and is advised to check the Materials Management Division website for addenda regularly and shortly before the Submission Deadline, as may be amended by addendum. B4.3 The Bidder shall acknowledge receipt of each addendum in Paragraph 10 of Form A: Bid. Failure to acknowledge receipt of an addendum may render a Bid non-responsive.

5 Bidding Procedures Bid Opportunity No Page 2 of 8 B5. SUBSTITUTES B5.1 The Work is based on the Plant, Materials and methods specified in the Bid Opportunity. B5.2 Substitutions shall not be allowed unless application has been made to and prior approval has been granted by the Contract Administrator in writing. B5.3 Requests for approval of a substitute will not be considered unless received in writing by the Contract Administrator at least five (5) Business Days prior to the Submission Deadline. B5.4 The Bidder shall ensure that any and all requests for approval of a substitute: (a) provide sufficient information and details to enable the Contract Administrator to determine the acceptability of the Plant, Material or method as either an approved equal or alternative; (b) identify any and all changes required in the applicable Work, and all changes to any other Work, which would become necessary to accommodate the substitute; (c) identify any anticipated cost or time savings that may be associated with the substitute; (d) certify that, in the case of a request for approval as an approved equal, the substitute will fully perform the functions called for by the general design, be of equal or superior substance to that specified, is suited to the same use and capable of performing the same function as that specified and can be incorporated into the Work, strictly in accordance with the proposed work schedule and the dates specified in the Supplemental Conditions for Substantial Performance and Total Performance; (e) certify that, in the case of a request for approval as an approved alternative, the substitute will adequately perform the functions called for by the general design, be similar in substance to that specified, is suited to the same use and capable of performing the same function as that specified and can be incorporated into the Work, strictly in accordance with the proposed work schedule and the dates specified in the Supplemental Conditions for Substantial Performance and Total Performance. B5.5 The Contract Administrator, after assessing the request for approval of a substitute, may in his sole discretion grant approval for the use of a substitute as an approved equal or as an approved alternative, or may refuse to grant approval of the substitute. B5.6 The Contract Administrator will provide a response in writing, at least two (2) Business Days prior to the Submission Deadline, only to the Bidder who requested approval of the substitute. B5.6.1 The Bidder requesting and obtaining the approval of a substitute shall be entirely responsible for disseminating information regarding the approval to any person or persons he wishes to inform. B5.7 If the Contract Administrator approves a substitute as an approved equal, any Bidder may use the approved equal in place of the specified item. B5.8 If the Contract Administrator approves a substitute as an approved alternative, any Bidder bidding that approved alternative may base his Total Bid Price upon the specified item but may also indicate an alternative price based upon the approved alternative. Such alternatives will be evaluated in accordance with B14. B5.9 No later claim by the Contractor for an addition to the Total Bid Price because of any other changes in the Work necessitated by the use of an approved equal or an approved alternative will be considered. B5.10 Notwithstanding B5.2 to B5.9, in accordance with B6.6, deviations inconsistent with the Bid Opportunity document shall be evaluated in accordance with B14.1(a).

6 Bidding Procedures Bid Opportunity No Page 3 of 8 B6. BID COMPONENTS B6.1 The Bid shall consist of the following components: (a) Form A: Bid; (b) Form B: Prices, hard copy; (c) Bid Security; (i) Form G1: Bid Bond and Agreement to Bond, or Form G2: Irrevocable Standby Letter of Credit and Undertaking, or a certified cheque or draft; B6.2 Further to B6.1, the Bidder should include the written correspondence from the Contract Administrator approving a substitute in accordance with B5. B6.3 All components of the Bid shall be fully completed or provided, and submitted by the Bidder no later than the Submission Deadline, with all required entries made clearly and completely, to constitute a responsive Bid. B6.4 The Bid shall be submitted enclosed and sealed in an envelope clearly marked with the Bid Opportunity number and the Bidder's name and address. B6.4.1 B6.4.2 Samples or other components of the Bid which cannot reasonably be enclosed in the envelope may be packaged separately, but shall be clearly marked with the Bid Opportunity number, the Bidder's name and address, and an indication that the contents are part of the Bidder s Bid. A hard copy of Form B: Prices must be submitted with the Bid. If there is any discrepancy between the Adobe PDF version of Form B: Prices and the Microsoft Excel version of Form B: Prices, the PDF version shall take precedence. B6.5 Bidders are advised not to include any information/literature except as requested in accordance with B6.1. B6.6 Bidders are advised that inclusion of terms and conditions inconsistent with the Bid Opportunity document, including the General Conditions, will be evaluated in accordance with B14.1(a). B6.7 Bids submitted by facsimile transmission (fax) or internet electronic mail ( ) will not be accepted. B6.8 Bids shall be submitted to: The City of Winnipeg Corporate Finance Department Materials Management Division 185 King Street, Main Floor Winnipeg MB R3B 1J1 B7. BID B7.1 The Bidder shall complete Form A: Bid, making all required entries. B7.2 Paragraph 2 of Form A: Bid shall be completed in accordance with the following requirements: (a) if the Bidder is a sole proprietor carrying on business in his own name, his name shall be inserted; (b) if the Bidder is a partnership, the full name of the partnership shall be inserted; (c) if the Bidder is a corporation, the full name of the corporation shall be inserted;

7 Bidding Procedures Bid Opportunity No Page 4 of 8 (d) if the Bidder is carrying on business under a name other than his own, the business name and the name of every partner or corporation who is the owner of such business name shall be inserted. B7.2.1 If a Bid is submitted jointly by two or more persons, each and all such persons shall identify themselves in accordance with B7.2. B7.3 In Paragraph 3 of Form A: Bid, the Bidder shall identify a contact person who is authorized to represent the Bidder for purposes of the Bid. B7.4 Paragraph 12 of Form A: Bid shall be signed in accordance with the following requirements: (a) if the Bidder is a sole proprietor carrying on business in his own name, it shall be signed by the Bidder; (b) if the Bidder is a partnership, it shall be signed by the partner or partners who have authority to sign for the partnership; (c) if the Bidder is a corporation, it shall be signed by its duly authorized officer or officers and the corporate seal, if the corporation has one, shall be affixed; (d) if the Bidder is carrying on business under a name other than his own, it shall be signed by the registered owner of the business name, or by the registered owner's authorized officials if the owner is a partnership or a corporation. B7.4.1 The name and official capacity of all individuals signing Form A: Bid should be printed below such signatures. B7.5 If a Bid is submitted jointly by two or more persons, the word "Bidder" shall mean each and all such persons, and the undertakings, covenants and obligations of such joint Bidders in the Bid and the Contract, when awarded, shall be both joint and several. B8. PRICES B8.1 The Bidder shall state a price in Canadian funds for each item of the Work identified on Form B: Prices. B8.1.1 For the convenience of Bidders, and pursuant to B6.4.2 and B14.4.2, an electronic spreadsheet Form B: Prices in Microsoft Excel (.xls) format is available along with the Adobe PDF documents for this Bid Opportunity on the Bid Opportunities page at the Materials Management Division website at B8.2 The quantities listed on Form B: Prices are to be considered approximate only. The City will use said quantities for the purpose of comparing Bids. B8.3 The quantities for which payment will be made to the Contractor are to be determined by the Work actually performed and completed by the Contractor, to be measured as specified in the applicable Specifications. B8.4 Prices from Non-Resident Bidders are subject to a Non-Resident Withholding Tax pursuant to the Income Tax Act (Canada). B9. QUALIFICATION B9.1 The Bidder shall: (a) undertake to be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba; and (b) be financially capable of carrying out the terms of the Contract; and (c) have all the necessary experience, capital, organization, and equipment to perform the Work in strict accordance with the terms and provisions of the Contract.

8 Bidding Procedures Bid Opportunity No Page 5 of 8 B9.2 The Bidder and any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall: (a) be responsible and not be suspended, debarred or in default of any obligations to the City. A list of suspended or debarred individuals and companies is available on the Information Connection page at The City of Winnipeg, Corporate Finance, Materials Management Division website at B9.3 The Bidder and/or any proposed Subcontractor (for the portion of the Work proposed to be subcontracted to them) shall: (a) have successfully carried out work similar in nature, scope and value to the Work; and (b) be fully capable of performing the Work required to be in strict accordance with the terms and provisions of the Contract; and (c) have a written workplace safety and health program if required pursuant to The Workplace Safety and Health Act (Manitoba); B9.4 Further to B9.3(c), the Bidder shall, within five (5) Business Days of a request by the Contract Administrator, provide proof satisfactory to the Contract Administrator that the Bidder/Subcontractor has a workplace safety and health program meeting the requirements of The Workplace Safety and Health Act (Manitoba), by providing: (a) a valid COR certification number under the Certificate of Recognition (COR) Program administered by the Manitoba Construction Safety Association or by the Manitoba Heavy Construction Association s Safety, Health and Environment Program; or (b) a report or letter to that effect from an independent reviewer acceptable to the City. (A list of acceptable reviewers and the review template are available on the Information Connection page at The City of Winnipeg, Corporate Finance, Materials Management Division website at B9.5 The Bidder shall submit, within three (3) Business Days of a request by the Contract Administrator, proof satisfactory to the Contract Administrator of the qualifications of the Bidder and of any proposed Subcontractor. B9.6 The Bidder shall provide, on the request of the Contract Administrator, full access to any of the Bidder's equipment and facilities to confirm, to the Contract Administrator s satisfaction, that the Bidder's equipment and facilities are adequate to perform the Work. B10. BID SECURITY B10.1 The Bidder shall provide bid security in the form of: (a) a bid bond, in the amount of at least ten percent (10%) of the Total Bid Price, and agreement to bond of a company registered to conduct the business of a surety in Manitoba, in the form included in the Bid Submission (Form G1: Bid Bond and Agreement to Bond); or (b) an irrevocable standby letter of credit, in the amount of at least ten percent (10%) of the Total Bid Price, and undertaking issued by a bank or other financial institution registered to conduct business in Manitoba and drawn on a branch located in Winnipeg, in the form included in the Bid Submission (Form G2: Irrevocable Standby Letter of Credit and Undertaking); or (c) a certified cheque or draft payable to The City of Winnipeg, in the amount of at least fifty percent (50%) of the Total Bid Price, drawn on a bank or other financial institution registered to conduct business in Manitoba. B B B If the Bidder submits alternative bids, the bid security shall be in the amount of the specified percentage of the highest Total Bid Price submitted. All signatures on bid securities shall be original. The Bidder shall sign the Bid Bond.

9 Bidding Procedures Bid Opportunity No Page 6 of 8 B The Surety shall sign and affix its corporate seal on the Bid Bond and the Agreement to Bond. B10.2 The bid security of the successful Bidder and the next two lowest evaluated responsive and responsible Bidders will be released by the City when a Contract for the Work has been duly executed by the successful Bidder and the performance security furnished as provided herein. The bid securities of all other Bidders will be released when a Contract is awarded. B B Where the bid security provided by the successful Bidder is in the form of a certified cheque or draft pursuant to B10.1(c), it will be deposited and retained by the City as the performance security and no further submission is required. The City will not pay any interest on certified cheques or drafts furnished as bid security or subsequently retained as performance security. B10.3 The bid securities of all Bidders will be released by the City as soon as practicable following notification by the Contract Administrator to the Bidders that no award of Contract will be made pursuant to the Bid Opportunity. B11. OPENING OF BIDS AND RELEASE OF INFORMATION B11.1 Bids will be opened publicly, after the Submission Deadline has elapsed, in the office of the Corporate Finance Department, Materials Management Division, or in such other office as may be designated by the Manager of Materials. B B Bidders or their representatives may attend. Bids determined by the Manager of Materials, or his designate, to not include the bid security specified in B10 will not be read out. B11.2 Following the submission deadline, the names of the Bidders and their Total Bid Prices (unevaluated, and pending review and verification of conformance with requirements) will be available on the Closed Bid Opportunities (or Public/Posted Opening & Award Results) page at The City of Winnipeg, Corporate Finance, Materials Management Division website at B11.3 After award of Contract, the name(s) of the successful Bidder(s) and the Contract Amount(s) will be available on the Closed Bid Opportunities (or Public/Posted Opening & Award Results) page at The City of Winnipeg, Corporate Finance, Materials Management Division website at B11.4 The Bidder is advised that any information contained in any Bid may be released if required by City policy or procedures, by The Freedom of Information and Protection of Privacy Act (Manitoba), by other authorities having jurisdiction, or by law. B12. IRREVOCABLE BID B12.1 The Bid(s) submitted by the Bidder shall be irrevocable for the time period specified in Paragraph 11 of Form A: Bid. B12.2 The acceptance by the City of any Bid shall not release the Bids of the next two lowest evaluated responsive Bidders and these Bidders shall be bound by their Bids on such Work until a Contract for the Work has been duly executed and the performance security furnished as herein provided, but any Bid shall be deemed to have lapsed unless accepted within the time period specified in Paragraph 11 of Form A: Bid. B13. WITHDRAWAL OF BIDS B13.1 A Bidder may withdraw his Bid without penalty by giving written notice to the Manager of Materials at any time prior to the Submission Deadline.

10 Bidding Procedures Bid Opportunity No Page 7 of 8 B Notwithstanding C23.3, the time and date of receipt of any notice withdrawing a Bid shall be the time and date of receipt as determined by the Manager of Materials. B The City will assume that any one of the contact persons named in Paragraph 3 of Form A: Bid or the Bidder s authorized representatives named in Paragraph 12 of Form A: Bid, and only such person, has authority to give notice of withdrawal. B If a Bidder gives notice of withdrawal prior to the Submission Deadline, the Manager of Materials will: (a) retain the Bid until after the Submission Deadline has elapsed; (b) open the Bid to identify the contact person named in Paragraph 3 of Form A: Bid and the Bidder s authorized representatives named in Paragraph 12 of Form A: Bid; and (c) if the notice has been given by any one of the persons specified in B13.1.3(b), declare the Bid withdrawn. B13.2 A Bidder who withdraws his Bid after the Submission Deadline but before his Bid has been released or has lapsed as provided for in B12.2 shall be liable for such damages as are imposed upon the Bidder by law and subject to such sanctions as the Chief Administrative Officer considers appropriate in the circumstances. The City, in such event, shall be entitled to all rights and remedies available to it at law, including the right to retain the Bidder s bid security. B14. EVALUATION OF BIDS B14.1 Award of the Contract shall be based on the following bid evaluation criteria: (a) compliance by the Bidder with the requirements of the Bid Opportunity, or acceptable deviation therefrom (pass/fail); (b) qualifications of the Bidder and the Subcontractors, if any, pursuant to B9 (pass/fail); (c) Total Bid Price; (d) economic analysis of any approved alternative pursuant to B5. B14.2 Further to B14.1(a), the Award Authority may reject a Bid as being non-responsive if the Bid is incomplete, obscure or conditional, or contains additions, deletions, alterations or other irregularities. The Award Authority may reject all or any part of any Bid, or waive technical requirements or minor informalities or irregularities, if the interests of the City so require. B14.3 Further to B14.1(b), the Award Authority shall reject any Bid submitted by a Bidder who does not demonstrate, in his Bid or in other information required to be submitted, that he is responsible and qualified. B14.4 Further to B14.1(c), the Total Bid Price shall be the sum of the quantities multiplied by the unit prices for each item shown on Form B: Prices adjusted, if necessary, as follows: (a) if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder is within the budgetary provision for the Work, no adjustment will be made to the Total Bid Price; or (b) if the lowest evaluated responsive Bid submitted by a responsible and qualified Bidder exceeds the budgetary provision for the Work, the Total Bid Prices of all responsive Bids submitted by responsible and qualified Bidders will be adjusted by progressively deducting item(s) A.2, A.6, A.24 ii) and A.19 in the order listed until a Total Bid Price within the budgetary provision is achieved. B If there is any discrepancy between the Total Bid Price written in figures, the Total Bid Price written in words and the sum of the quantities multiplied by the unit prices for each item, the sum of the quantities multiplied by the unit prices for each item shall take precedence.

11 Bidding Procedures Bid Opportunity No Page 8 of 8 B The electronic Form B: Prices and the formulas imbedded in that spreadsheet are only provided for the convenience of Bidders. The City makes no representations or warranties as to the correctness of the imbedded formulas. It is the Bidder s responsibility to ensure the extensions of the unit prices and the sum of Total Bid Price performed as a function of the formulas within the electronic Form B: Prices are correct. B15. AWARD OF CONTRACT B15.1 The City will give notice of the award of the Contract or will give notice that no award will be made. B15.2 The City will have no obligation to award a Contract to a Bidder, even though one or all of the Bidders are determined to be responsible and qualified, and the Bids are determined to be responsive. B Without limiting the generality of B15.2, the City will have no obligation to award a Contract where: (a) the prices exceed the available City funds for the Work; (b) the prices are materially in excess of the prices received for similar work in the past; (c) the prices are materially in excess of the City s cost to perform the Work, or a significant portion thereof, with its own forces; (d) only one Bid is received; or (e) in the judgment of the Award Authority, the interests of the City would best be served by not awarding a Contract. B15.3 Where an award of Contract is made by the City, the award shall be made to the responsible and qualified Bidder submitting the lowest evaluated responsive Bid, in accordance with B14. B Following the award of contract, a Bidder will be provided with information related to the evaluation of his Bid upon written request to the Contract Administrator.

12 General Conditions Bid Opportunity No Page 1 of 1 PART C - GENERAL CONDITIONS C0. GENERAL CONDITIONS C0.1 The General Conditions for Construction (Revision ) are applicable to the Work of the Contract. C0.1.1 The General Conditions for Construction are available on the Information Connection page at The City of Winnipeg, Corporate Finance, Materials Management Division website at C0.2 A reference in the Bid Opportunity to a section, clause or subclause with the prefix C designates a section, clause or subclause in the General Conditions for Construction.

13 Supplemental Conditions Bid Opportunity No Page 1 of 12 PART D - SUPPLEMENTAL CONDITIONS GENERAL D1. GENERAL CONDITIONS D1.1 In addition to the General Conditions for Construction, these Supplemental Conditions are applicable to the Work of the Contract. D2. SCOPE OF WORK D2.1 The Work to be done under the Contract shall consist of: (a) Widening of Existing Concrete Sidewalk and Construction of New Concrete Multi-use Pathway (i) Warde Avenue to Bishop Grandin Boulevard D2.2 The major components of the Work are as follows: (a) Widening of Existing Concrete Sidewalk and Construction of New Concrete Multi-use Pathway (i) Remove existing asphalt pathway (ii) Excavation (iii) Placement of 20mm limestone base course (iv) Drilling and installing 10M epoxy coated tie-bars into existing concrete sidewalk (v) Construction of new 100mm concrete sidewalk (vi) Construction of new 100mm concrete sidewalk c/w paving band (vii) Supply and installation of detectable warning surfaces (viii) Renewal of existing curbs (ix) Installation of salt-tolerant seeding (x) Sodding D3. CONTRACT ADMINISTRATOR D3.1 The Contract Administrator is Stantec Consulting Ltd., represented by: Scott Suderman, C.E.T., P.Eng. Transportation Engineer Taylor Avenue Telephone No. (204) Facsimile No. (204) D3.2 At the pre-construction meeting, Scott Suderman, C.E.T., P.Eng. will identify additional personnel representing the Contract Administrator and their respective roles and responsibilities for the Work. D4. CONTRACTOR'S SUPERVISOR D4.1 At the pre-construction meeting, the Contractor shall identify his designated supervisor and any additional personnel representing the Contractor and their respective roles and responsibilities for the Work. D4.2 At least two (2) business days prior to the commencement of any Work on the site, the Contractor shall provide the Contract Administrator with a phone number where the supervisor identified in D4.1 or an alternate can be contacted twenty-four (24) hours a day to respond to an emergency.

14 Supplemental Conditions Bid Opportunity No Page 2 of 12 D5. NOTICES D5.1 Except as provided for in C23.2.2, all notices, requests, nominations, proposals, consents, approvals, statements, authorizations, documents or other communications to the Contractor shall be sent to the address or facsimile number identified by the Contractor in Paragraph 2 of Form A: Bid. D5.2 All notices, requests, nominations, proposals, consents, approvals, statements, authorizations, documents or other communications to the City, except as expressly otherwise required in D5.3, D5.4 or elsewhere in the Contract, shall be sent to the attention of the Contract Administrator at the address or facsimile number identified in D3.1. D5.3 Notwithstanding C21., all notices of appeal to the Chief Administrative Officer shall be sent to the attention of the Chief Financial Officer at the following address or facsimile number: The City of Winnipeg Chief Financial Officer Administration Building, 3rd Floor 510 Main Street Winnipeg MB R3B 1B9 Facsimile No.: (204) D5.4 All notices, requests, nominations, proposals, consents, approvals, statements, authorizations, documents or other communications required to be submitted or returned to the City Solicitor shall be sent to the following address or facsimile number: The City of Winnipeg Internal Services Department Legal Services Division Attn: City Solicitor 185 King Street, 3rd Floor Winnipeg MB R3B 1J1 Facsimile No.: (204) D6. FURNISHING OF DOCUMENTS D6.1 Upon award of the Contract, the Contractor will be provided with five (5) complete sets of the Bid Opportunity. If the Contractor requires additional sets of the Bid Opportunity, they will be supplied to him at cost. SUBMISSIONS D7. AUTHORITY TO CARRY ON BUSINESS D7.1 The Contractor shall be in good standing under The Corporations Act (Manitoba), or properly registered under The Business Names Registration Act (Manitoba), or otherwise properly registered, licensed or permitted by law to carry on business in Manitoba, or if the Contractor does not carry on business in Manitoba, in the jurisdiction where the Contractor does carry on business, throughout the term of the Contract, and shall provide the Contract Administrator with evidence thereof upon request. D8. SAFE WORK PLAN D8.1 The Contractor shall provide the Contract Administrator with a Safe Work Plan at least five (5) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in C4.1 for the return of the executed Contract. D8.2 The Safe Work Plan shall be prepared and submitted in the format shown in the City s template which is available on the Information Connection page at The City of Winnipeg, Corporate

15 Supplemental Conditions Bid Opportunity No Page 3 of 12 Finance, Materials Management Division website at D9. INSURANCE D9.1 The Contractor shall provide and maintain the following insurance coverage: (a) Commercial general liability insurance, in the amount of at least two million dollars ($2,000,000.00) inclusive, with The City of Winnipeg, The Province of Manitoba and The Government of Canada, including authorized officials and representatives of the aforementioned, added as an additional insureds; such liability policy to also contain a cross-liability clause, contractual liability, unlicensed motor vehicle liability (contractors equipment), broad form property damage cover and products and completed operations, to remain in place at all times during the performance of the Work and throughout the warranty period; (i) Completed operations cover shall extend for a minimum of twenty-four (24) months beyond Total Performance date; (ii) The policy shall provide coverage for the aforementioned entities as well as all contractors and consultants and their directors, officers, employees and agents. A wrap-up liability policy, covering the entire scope of the Work may be purchased in place of a commercial general liability policy; (b) Automobile liability insurance for owned and non-owned automobiles used for or in connection with the Work in the amount of at least two million dollars ($2,000,000.00) to be retained at all times during the performance of the Work and until the date of Total Performance; such insurance may be met through the commercial general liability cover where applicable; (c) Builder s Risk insurance (Broad Form) including testing and commissioning, in the amount of one hundred percent (100%) of the total construction costs; written in the name of the Contractor, The City of Winnipeg and all other contractors, sub-contractors, engineering and architectural consultants etcetera; (d) Any other insurances, carrying suitable limits and deductibles, as may be required to cover the scope of Work; D9.2 All Policies shall be taken out with insurers licensed to and carrying on business in the Province of Manitoba. D9.3 Deductibles shall be borne by the Contractor. D9.4 The Contractor shall provide the Contract Administrator with a certificate of insurance of each policy, in a form satisfactory to the City Solicitor, at least two (2) Business Days prior to the commencement of any Work on the site. D9.5 The Contractor shall not cancel, or cause any such policy or policies to lapse without providing at least thirty (30) Calendar Days prior written notice to the Contract Administrator. D9.6 The Contractor shall provide written notice to the City of Winnipeg of any material changes to their policies within thirty (30) days of the change taking effect. D9.7 The City shall have the right to alter the limits and/or coverage s as reasonably required from time to time during the continuance of this agreement. D10. PERFORMANCE SECURITY D10.1 The Contractor shall provide and maintain performance security until the expiration of the warranty period in the form of: (a) a performance bond of a company registered to conduct the business of a surety in Manitoba, in the form attached to these Supplemental Conditions (Form H1: Performance Bond), in the amount of fifty percent (50%) of the Contract Price; or

16 Supplemental Conditions Bid Opportunity No Page 4 of 12 D (b) an irrevocable standby letter of credit issued by a bank or other financial institution registered to conduct business in Manitoba and drawn on a branch located in Winnipeg, in the form attached to these Supplemental Conditions (Form H2: Irrevocable Standby Letter of Credit), in the amount of fifty percent (50%) of the Contract Price; or (c) a certified cheque or draft payable to The City of Winnipeg, drawn on a bank or other financial institution registered to conduct business in Manitoba, in the amount of fifty percent (50%) of the Contract Price. Where the performance security is in the form of a certified cheque or draft, it will be deposited by the City. The City will not pay any interest on certified cheques or drafts furnished as performance security. D10.2 If the bid security provided in his Bid was not a certified cheque or draft pursuant to B10.1(c), the Contractor shall provide the City Solicitor with the required performance security within seven (7) Calendar Days of notification of the award of the Contract by way of letter of intent and prior to the commencement of any Work on the Site and in no event later than the date specified in the C4.1 for the return of the executed Contract. D11. SUBCONTRACTOR LIST D11.1 The Contractor shall provide the Contract Administrator with a complete list of the Subcontractors whom the Contractor proposes to engage (Form J: Subcontractor List) at or prior to a pre-construction meeting, or at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in the C4.1 for the return of the executed Contract. D12. DETAILED WORK SCHEDULE D12.1 The Contractor shall provide the Contract Administrator with a detailed work schedule (Form L: Detailed Work Schedule) at least two (2) Business Days prior to the commencement of any Work on the Site but in no event later than the date specified in the General Conditions for the return of the executed Contract. SCHEDULE OF WORK D13. COMMENCEMENT D13.1 The Contractor shall not commence any Work until he is in receipt of a letter of intent from the Award Authority authorizing the commencement of the Work. D13.2 The Contractor shall not commence any Work on the Site until: (a) the Contract Administrator has confirmed receipt and approval of: (i) evidence of authority to carry on business specified in D7; (ii) evidence of the workers compensation coverage specified in C6.15; (iii) the twenty-four (24) hour emergency response phone number specified in D4.2. (iv) the Safe Work Plan specified in D8; (v) evidence of the insurance specified in D9; (vi) the performance security specified in D10; (vii) the subcontractor list specified in D11; (viii) the detailed work schedule specified in D12; and (b) the Contractor has attended a pre-construction meeting with the Contract Administrator, or the Contract Administrator has waived the requirement for a pre-construction meeting. D13.3 The Contractor shall commence the Work on the Site within seven (7) Working Days of receipt of the letter of intent.

17 Supplemental Conditions Bid Opportunity No Page 5 of 12 D14. WORKING DAYS D14.1 Further to C1.1(gg); D D D The Contract Administrator will determine daily if a Working Day has elapsed and will record his assessment. On a weekly basis the Contract Administrator will provide the Contractor with a record of the Working Days assessed for the preceding week. The Contractor shall sign each report signifying that he agrees with the Contract Administrator s determination of the Working Days assessed for the report period. Work done to restore the Site to a condition suitable for Work, shall not be considered work as defined in the definition of a Working Day. When the Work includes two or more major types of Work that can be performed under different atmospheric conditions, the Contract Administrator shall consider all major types of Work in determining whether the Contractor was able to work in assessing Working Days. D15. RESTRICTED WORK HOURS D15.1 Further to clause 3.10 of CW 1130, the Contractor shall require written permission forty-eight (48) hours in advance from the Contract Administrator for any work to be performed between 2000 hours and 0700 hours, or on Saturdays, Sundays, Statutory Holidays and or Civic Holidays. D16. SUBSTANTIAL PERFORMANCE D16.1 The Contractor shall achieve Substantial Performance within thirty (30) consecutive Working Days of the commencement of the Work as specified in D13. D16.2 When the Contractor considers the Work to be substantially performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Substantial Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be re-inspected. D16.3 The date on which the Work has been certified by the Contract Administrator as being substantially performed to the requirements of the Contract through the issue of a certificate of Substantial Performance is the date on which Substantial Performance has been achieved. D17. TOTAL PERFORMANCE D17.1 The Contractor shall achieve Total Performance within thirty-five (35) consecutive Working Days of the commencement of the Work as specified in D13. D17.2 When the Contractor or the Contract Administrator considers the Work to be totally performed, the Contractor shall arrange, attend and assist in the inspection of the Work with the Contract Administrator for purposes of verifying Total Performance. Any defects or deficiencies in the Work noted during that inspection shall be remedied by the Contractor at the earliest possible instance and the Contract Administrator notified so that the Work can be re-inspected. D17.3 The date on which the Work has been certified by the Contract Administrator as being totally performed to the requirements of the Contract through the issue of a certificate of Total Performance is the date on which Total Performance has been achieved. D18. LIQUIDATED DAMAGES D18.1 If the Contractor fails to achieve Substantial Performance or Total Performance in accordance with the Contract by the days fixed herein for same, the Contractor shall pay the City the

18 Supplemental Conditions Bid Opportunity No Page 6 of 12 following amounts per Working Day for each and every Working Day following the days fixed herein for same during which such failure continues: (a) Substantial Performance Two Thousand dollars ($ ); (b) Total Performance Five Hundred dollars ($500.00). D18.2 The amounts specified for liquidated damages in D18.1 are based on a genuine pre-estimate of the City's losses in the event that the Contractor does not achieve Substantial Performance or Total Performance by the days fixed herein for same. D18.3 The City may reduce any payment to the Contractor by the amount of any liquidated damages assessed. D19. SCHEDULED MAINTENANCE D19.1 The Contractor shall perform the following scheduled maintenance in the manner and within the time periods required by the Specifications: (a) Maintenance of Sodding as specified in CW3510; (b) Maintenance of Salt Tolerant Seeding as specified in CW3520 and E14. D19.2 Determination of Substantial Performance and Total Performance shall be exclusive of scheduled maintenance identified herein. All scheduled maintenance shall be completed prior to the expiration of the warranty period. Where the scheduled maintenance cannot be completed during the warranty period, the warranty period shall be extended for such period of time as it takes the Contractor to complete the scheduled maintenance. CONTROL OF WORK D20. JOB MEETINGS D20.1 Regular weekly job meetings will be held at Site. These meetings shall be attended by a minimum of one representative of the Contract Administrator, the City and one representative of the Contractor. Each representative shall be a responsible person capable of expressing the position of the Contract Administrator, the City and the Contractor respectively on any matter discussed at the meeting including the Work schedule and the need to make any revisions to the Work schedule. The progress of the Work will be reviewed at each of these meetings. D20.2 The Contract Administrator reserves the right to cancel any job meeting or call additional job meetings whenever he deems it necessary. D21. PRIME CONTRACTOR THE WORKPLACE SAFETY AND HEALTH ACT (MANITOBA) D21.1 Further to C6.24, the Contractor shall be the Prime Contractor and shall serve as, and have the duties of the Prime Contractor in accordance with The Workplace Safety and Health Act (Manitoba). WARRANTY D22. WARRANTY D22.1 Notwithstanding C13.2, the warranty period shall begin on the date of Substantial Performance and shall expire one (1) year thereafter unless extended pursuant to C or C13.2.2, in which case it shall expire when provided for thereunder.

19 Supplemental Conditions Bid Opportunity No Page 7 of 12 KNOW ALL MEN BY THESE PRESENTS THAT FORM H1: PERFORMANCE BOND (See D10) (hereinafter called the "Principal"), and, (hereinafter called the "Surety"), are held and firmly bound unto THE CITY OF WINNIPEG (hereinafter called the "Obligee"), in the sum of dollars ($. ) of lawful money of Canada to be paid to the Obligee, or its successors or assigns, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee for BID OPPORTUNITY NO ACTIVE TRANSPORATION INFRASTRUCTURE PROGRAM DAKOTA/DUNKIRK PATHWAY PHASE I WARDE AVENUE TO BISHOP GRANDIN BOULEVARD which is by reference made part hereof and is hereinafter referred to as the Contract. NOW THEREFORE the condition of the above obligation is such that if the Principal shall: (a) (b) (c) (d) (e) carry out and perform the Contract and every part thereof in the manner and within the times set forth in the Contract and in accordance with the terms and conditions specified in the Contract; perform the Work in a good, proper, workmanlike manner; make all the payments whether to the Obligee or to others as therein provided; in every other respect comply with the conditions and perform the covenants contained in the Contract; and indemnify and save harmless the Obligee against and from all loss, costs, damages, claims, and demands of every description as set forth in the Contract, and from all penalties, assessments, claims, actions for loss, damages or compensation whether arising under "The Workers Compensation Act", or any other Act or otherwise arising out of or in any way connected with the performance or non-performance of the Contract or any part thereof during the term of the Contract and the warranty period provided for therein; THEN THIS OBLIGATION SHALL BE VOID, but otherwise shall remain in full force and effect. The Surety shall not, however, be liable for a greater sum than the sum specified above. AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal, and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding. IN WITNESS WHEREOF the Principal and Surety have signed and sealed this bond the day of, 20.

20 Supplemental Conditions Bid Opportunity No Page 8 of 12 SIGNED AND SEALED in the presence of: (Name of Principal) (Witness as to Principal if no seal) Per: Per: (Seal) (Name of Surety) By: (Attorney-in-Fact) (Seal)

21 Supplemental Conditions Bid Opportunity No Page 9 of 12 FORM H2: IRREVOCABLE STANDBY LETTER OF CREDIT (PERFORMANCE SECURITY) (See D10) (Date) The City of Winnipeg Internal Services Department Legal Services Division 185 King Street, 3rd Floor Winnipeg MB R3B 1J1 RE: PERFORMANCE SECURITY BID OPPORTUNITY NO ACTIVE TRANSPORATION INFRASTRUCTURE PROGRAM DAKOTA/DUNKIRK PATHWAY PHASE I WARDE AVENUE TO BISHOP GRANDIN BOULEVARD Pursuant to the request of and for the account of our customer,, (Name of Contractor) (Address of Contractor) WE HEREBY ESTABLISH in your favour our irrevocable Standby Letter of Credit for a sum not exceeding in the aggregate Canadian dollars. This Standby Letter of Credit may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you. It is understood that we are obligated under this Standby Letter of Credit for the payment of monies only and we hereby agree that we shall honour your demand for payment without inquiring whether you have a right as between yourself and our customer to make such demand and without recognizing any claim of our customer or objection by the customer to payment by us. The amount of this Standby Letter of Credit may be reduced from time to time only by amounts drawn upon it by you or by formal notice in writing given to us by you if you desire such reduction or are willing that it be made. Partial drawings are permitted. We engage with you that all demands for payment made within the terms and currency of this Standby Letter of Credit will be duly honoured if presented to us at: (Address) and we confirm and hereby undertake to ensure that all demands for payment will be duly honoured by us.

22 Supplemental Conditions Bid Opportunity No Page 10 of 12 All demands for payment shall specifically state that they are drawn under this Standby Letter of Credit. Subject to the condition hereinafter set forth, this Standby Letter of Credit will expire on. (Date) It is a condition of this Standby Letter of Credit that it shall be deemed to be automatically extended from year to year without amendment from the present or any future expiry date, unless at least 30 days prior to the present or any future expiry date, we notify you in writing that we elect not to consider this Standby Letter of Credit to be renewable for any additional period. This Standby Letter of Credit may not be revoked or amended without your prior written approval. This credit is subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision), International Chamber of Commerce Publication Number 500. (Name of bank or financial institution) Per: (Authorized Signing Officer) Per: (Authorized Signing Officer)

23 Supplemental Conditions Bid Opportunity No Page 11 of 12 FORM J: SUBCONTRACTOR LIST (See D11) 2010 ACTIVE TRANSPORATION INFRASTRUCTURE PROGRAM DAKOTA/DUNKIRK PATHWAY PHASE I WARDE AVENUE TO BISHOP GRANDIN BOULEVARD Portion of the Work Name Address SURFACE WORKS: Supply of Materials: Base Course Concrete Asphalt Detectable Warning Tiles Installation/Placement: Pavement Removal/Excavation Base Course Concrete Asphalt Topsoil / Sod/Seeding